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HomeMy WebLinkAbout01-262 Resolution No. 01-262 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR REGULATING MOTOR VEHICLE PARKING AND TRAFFIC (415 Division Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, be and is hereby authorized and directed to execute an Agreement for Regulating Motor Vehicle Parking and Traffic at 415 Division Street on behalf of the City of Elgin with James Adams for the enforcement and regulation of parking in designated fire lanes, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: September 26, 2001 Adopted: September 26, 2001 Omnibus Vote : Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk • AGREEMENT FOR REGULATING MOTOR VEHICLE PARKING AND TRAFFIC AT 415 DIVISION STREET IN THE CITY OF ELGIN, ILLINOIS THIS AGREEMENT, made and entered into this 2NO day of p C To QEk, 2001, by and between the City of Elgin, a municipal corporation in the State of Illinois (hereafter called the "City") and James Adams, (hereafter called "Owner"). WITNESSETH : WHEREAS, Owner is the record owner of certain real property improved with a residential apartment building commonly known as 415 Division Street, Elgin, Kane County, Illinois, (hereafter referred to as "Apartment Complex"), and which is legally described as follows: Parcel One: That part of Lots 6 and 7 of I.S. Bartlett's Subdivision of Out Lots 1 and 2 of James T. Gifford's Addition to Elgin, described as follows: Commencing at the Northwest corner of said Lot 6; thence South on the West line of said Lot 6 and East line of Gifford Street 100 feet; thence East parallel with the North line of said Lot 6, 75 feet; thence Southeasterly along a line, which if extended would pass through a point which is 125 feet East of the West line of said Lot 7 and 84 feet North of the center line of a 20 foot alley as established by Ichabod S. Bartlett in his plat recorded in Map Book 5, page 24 (said point hereinafter referred to as point "A") to a point 100 feet West of the East Line of said Lot 6 (measured on a perpendicular) for a point of beginning; thence continuing in the same course to a said point"A"; thence East parallel with the North line of said Lot 7, 73 feet to the East line of said Lot 7; thence North along the East line of said Lots 7 and 6, to the Northeast corner of said Lot 6; thence West along the North line of said Lot 6, 100 feet; thence South to the point of beginning, (except the South 10 feet, measured along the East line), in the City of Elgin, Kane County, Illinois. Parcel Two: That part of Lot 7 of I.S. Bartlett's Subdivision of Out Lots 1 and 2 of James T. Gifford's addition to Elgin, described as follows: Commencing at the Northwest Corner of Lot 6 of said subdivision; thence South along the West line of said Lot 6, 100 feet, thence East parallel with the North line of said Lot 6, 75 feet, thence Southeasterly to a point which is 125 feet East of the West line of said Lot 7 and 84 feet North of the center line of a 20 foot alley as established by Ichabod S. Bartlett in his plat recorded in Map Book 5, page 24, for the point of beginning, the last described course hereinafter referred to as line "A"; thence East, parallel with the North line of said Lot 7, 73 feet to the East line of said lot; thence North along said East line 10 feet; thence West parallel with the North line of said Lot 7 to said "Line A"; thence Southeasterly along said "Line A", to the point of beginning, in the City of Elgin, Kane County, Illinois and WHEREAS, Owner desires to enter into an agreement with the City in order to regulate the parking of motor vehicles and traffic at the Apartment Complex pursuant to the provisions of Chapter 65, Act 5, Section 11-209, Illinois Compiled Statutes; and WHEREAS, the City Council of the City and the Owner have authorized the ratification of the terms, provisions and conditions of this Agreement; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. The City hereby agrees to establish and enforce the following regulations within the Apartment Complex: A. A Fire Lane is established within the Apartment Complex as designated on Exhibit A to this Agreement, said Exhibit A being attached to and made part of this Agreement. B. Owner shall erect, install and maintain not less than two appropriate signs designating the Fire Lane. Each sign shall include the words"No Parking-Fire Lane" followed by the words "Tow Zone". C. Owner shall designate the Fire Lane with bright yellow painted lines and the words "Fire Lane-No Parking". Owner shall maintain the painted areas in a clear and legible condition. D. The standing or parking of any vehicle in such a manner so as to block or obstruct and such fire lane shall be prohibited. E. The City, by this Agreement, is authorized and empowered to cause vehicles violating the prohibitions of this Agreement to be ticketed, removed, towed and stored pending payment by the vehicles registered owner for the costs of removing, towing and storing such vehicle. 2. The Owner does hereby agree to bear the costs and expenses of obtaining, erecting and maintaining any and all such signs necessary to the enforcement of the aforesaid regulations. 3. The City hereby agrees to regulate the parking of automobiles and traffic at the Apartment Complex to enforce the aforesaid regulations. 4. Where any owner or user of a vehicle shall use or permit the use of such vehicle in a manner contrary to the regulations contained within this agreement, the City will enforce its ordinances against such person as if the action had taken place on a public highway. 5. It is mutually agreed that this Agreement shall cover a period of one (1) year form the date hereof and shall be self-renewing for periods of one (1) year each thereafter, not to exceed a period of twenty (20) years, unless and until canceled by not less than thirty (30) days written notice by either party to the other of its intention to cancel same. 6. Whenever notice to the City is required, it shall be addressed to: City Clerk City of Elgin 150 Dexter Court Elgin, IL 60120-5555 When notice to the Owner is required, it shall be addressed to: James Adams 415 Division Street Elgin, IL 60120 • 7. In consideration for the performance by the City of the police services herein specified upon the private property of the Owner, the City shall be paid the sum of $12.00 per year for each self-renewing one-year period. It is understood between the parties that such compensation is for the extra police services to be performed under this contract and not as payment for normal police protection. The City, shall in the exercise of its sole discretion, determine when the press of regular police business shall preclude the furnishing of extra police services under this Agreement. 8. To the fullest extent permitted by law, Owner agrees to indemnify, defend and hold harmless the City, its officers, employees and boards and commissions against any and all claims, suits, judgments, costs, attorney's fees, damages or other relief arising out of or resulting pursuant to performance of this agreement or alleged to arise out of any reckless or negligent acts or omissions of Owner's officers, employees or agents in the performance of this agreement. In the event of any action against the City, its officers, employees, agents boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. 9. The sole remedy available to the Owner, upon any breach of this Agreement by the City, shall be the cancellation of the Agreement under its terms. It is the essence of this Agreement that the City shall not be liable in money damages for any breach of this Agreement. 10. This Agreement shall not be construed to create a joint venture, partnership or employment relationship between the Owner and the City, nor shall this Agreement be construed so as to create any special duty or other extraordinary liability by the City. 11. The terms of this agreement shall be severable. In the event that any of the terms or provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect. 12. This Agreement shall be subject to and governed by the laws of the State of Illinois. 13. This Agreement shall be recorded by the Owner in the Office of the Recorder of Deeds of Kane County, Illinois. No regulation made pursuant to the Agreement shall be effective or enforceable until three (3) days after the Agreement is so recorded. IN WITNESS WHEREOF, the parties hereto have executed this instrument by their duly authorized officers the day and year first written above. CITY OF ELGIN, ILLINOIS JAMES ADAMS a municipal corporation of the State of Illinois e• By: By. �!��`�''� M 0 R JAMES ADAMS F:\Legal Dept\Agreement\FireLane-415 Division.wpd PLAT OF SURVEY OF PARCEL ONE: THAT PART OF LOTS 6 AND 7 OF I. S. BARTLETT'S SUBDIVISION OF OUT LOTS 1 AND 2 OF JAMES T. GIFFORD'S ADDITION TO ELGIN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 6; THENCE SOUTH ON THE WEST LINE OF SAID LOT 6 AND EAST LINE OF GIFFORD STREET 100 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID LOT 6, 75 FEET; THENCE SOUTHEASTERLY ALONG A LINE, WHICH IF EXTENDED WOULD PASS THROUGH A POINT WHICH IS 125 FEET EAST OF THE WEST LINE OF SAID LOT 7 AND 84 FEET NORTH OF THE CENTER LINE OF A 20 FOOT ALLEY AS ESTABLISHED BY ICHABOO S. BARTLETT IN HIS PLAT RECORDED IN MAP BOOK 5, PAGE 24 (SAID POINT HEREINAFTER REFERRED TO AS POINT "A") TO A POINT 100 FEET WEST OF THE EAST UNE OF SAID LOT 6, (MEASURED ON A PERPENDICULAR) FOR A.POINT OF BEGINNING; THENCE CONTINUING IN THE SAME COURSE TO A SAID POINT -A"; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID LOT 7, 73 FEET TO THE EAST LINE OF SAID LOT 7; THENCE NORTH ALONG THE EAST LINE OF SAID LOTS 7 AND 6, TO THE NORTHEAST CORNER OF SAID LOT 6; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 6, 100 FEET; THENCE SOUTH TO THE POINT OF BEGINNING, (EXCEPT THE SOUTH 10 FEET, MEASURED ALONG THE EAST UNE), IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. PARCEL TWO: THAT PART OF LOT 7 OF I. S. BARTLETT'S SUBDIVISION OF OUT LOTS 1 AND 2 OF JAMES T. GIFFORD'S ADDITION TO ELGIN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 6 OF SAID SUBDIVISION; THENCE SOUTH ALONG THE WEST UNE OF SAID LOT 6, 100 FEET, THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID LOT 6, 75 FEET, THENCE SOUTHEASTERLY TO A POINT WHICH IS 125 FEET EAST OF THE WEST LINE OF SAID LOT 7 AND 84 FEET NORTH OF THE CENTER LINE OF A 20 FOOT ALLEY AS ESTABLISHED BY ICHA80D S. BARTLETT IN HIS PLAT RECORDED IN MAP BOOK 5, PAGE 24, FOR THE POINT OF BEGINNING. THE LAST DESCRIBED COURSE HEREINAFTER REFERRED TO AS LINE "A'; THENCE EAST, PARALLEL WITH THE NORTH UNE OF SAID LOT 7, 73 FEET TO THE EAST LINE OF SAID LOT; THENCE NORTH ALONG SAID EAST LINE 10 FEET; THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID LOT 7 TO SAID "LINE A'; THENCE SOUTHEASTERLY ALONG SAID LINE A' TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILUNOIS. a • • LDO.DO�'. •. ... :litPA'KTMENT OF COOL AU:,1:NISIRATION —=- ®- � .. APPROVE) PLAN 'n •N .i.6 . �; t.; > SIGNATURE _ e_z N r ... •• DATE 06 10_! • N . ♦e1� � P U cV j,. \0 ci i c M„. � 6.1 : E2 vi ...,.. \ . . 4() ., \.. \ • tt 1::.'s '\43! ••••• ..•. , .• ,(2-(see,.-6-eidzy2-tee,C,. 4?-4-1;6 ' D '�+ • `• r d 1+:ir,; F,, ° 3./,f„ b � 4 \ /' �.ie�' ✓t/`• �,,Q( ( N\ � ak N \ ID79 2 D JJ �d N .so I O ! OP,44. Oi 1 . . %8' \' 2.2.9'—'-? G, t• r C 19 ,---,t.Q/ RE INSPECTED IN THE IELD AND THUS CERTIFIE L O. Lo7- 6 • N THIS 08th DAY OF NOVEMBER 2000 H 4-/Na oA- L o 7' 7 .O , tl Cri PARCEL 2.. -----".- —�.- p / , • IL I IS PROFESSIONAL LAND SURVEYOR CORP Cox c. ,./Acl.—y • • _ ~ ^ /25.0' _may 73 00' LIBERTY SURVEY COMPANY /?o.e. oA}�atctt •2 '. Po,.,7 A") ��1�eyn�L� i LOT T Po/NT e4 Pr. NO(.Tf•+ of TNG cG.vr6.Q o /...44./6. O. ,4 20 An A4A.Y At a$7,4 8 /J.-/EO • 8Y /C4.46o0 S 414•4•TC.`TT /.a N/S PLAT .¢2CO4O60 © 1998 HOWARD A. MEADOWS, INC. - A i.V u O .60e— 4.6G 24 • i ,C3 �(OF El. C City of Elgin Agenda Item No. y y ti0 I .4TEE D L September 7, 2001 1G `y1 TO: Mayor and Members of the City Council N FROM: Joyce A. Parker, City Manager SAFE COMMUNITY SUBJECT: Fire Lane Designation - 415 Division Street PURPOSE This memorandum will provide the Mayor and members of the City Council with background information concerning a request by James Adams for the designation of a fire lane on the east side of the parking lot of the apartment building at 415 Division Street . BACKGROUND A request has been received from Mr. James Adams, the owner of the property located at 415 Division Street, to have the east side of his parking lot designated as a fire lane. Mr. Adams has recognized that when vehicles are parked anywhere other than the designated parking spaces, ingress and egress of emergency vehicles is difficult, if not impossible. Designation of the fire lane and a signed agreement between the City and the Association will enable the City to enforce on-street parking regulations on the private parking lot located within the complex property. A map indicating the proposed location, a legal description of the property and proposed agreement are attached for reference . The Police and Fire Departments have both reviewed the proposed location of the fire lane at the site and find the designation to be satisfactory. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED This fire lane designation proposal was initiated as a result of a request from the property owner. No other community groups are involved with the request . • Fire Lane Designation - 415 Division Street September 7, 2001 Page 2 eFINANCIAL IMPACT There will be no direct costs to the City resulting from this request . All associated costs are the responsibility of the owner of the property. LEGAL IMPACT .r J " None . ALTERNATIVES None . RECOMMENDATION Staff recommends that the proposed fire lane be so designated and that staff be directed to prepare a resolution authorizing the execution of the proposed enforcement agreement . spectfully sub fitted, yce . Parker City Manager SGB/st PLAT OF SURVEY OF P•"'^" ONE: THAT PART OF LOTS 6 AND 7 OF I. S. BARTLETT'S SUBDIVISION OF OUT LOTS 1 AND 2 OF JAMES T t0'S ADDITION TO ELGIN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID L THENCE SOUTH ON THE WEST LINE OF SAID LOT 6 AND EAST UNE OF GIFFORD STREET 100 FEET; T EAST PARALLEL WITH THE NORTH LINE OF SAID LOT 6. 75 FEET; THENCE SOUTHEASTERLY ALONG A LINE. WHICH IF EXTENDED WOULD PASS THROUGH A POINT WHICH IS 125 FEET EAST OF THE WEST UNE OF SAID LOT 7' ANC) 84 FEET NORTH OF THE CENTER LINE OF A 20 FOOT ALLEY AS ESTABLISHED BY ICHABOO S. BARTLETT IN HIS PLAT RECORDED IN MAP BOOK 5, PAGE 24 (SAID POINT HEREINAFTER REFERRED TO AS POINT -A") TO A POINT 100 FEET WEST OF THE EAST UNE OF SAID LOT 6. (MEASURED ON A PERPENDICULAR) FOR A.POINT OF BEGINNING; THENCE CONTINUING IN THE SAME COURSE TO A SAID POINT -A% THENCE EAST PARALLEL WITH THE NORTH UNE OF SAID LOT 7. 73 FEET TO THE EAST LINE OF SAID LOT 7; THENCE NORTH ALONG THE EAST LINE OF SAID LOTS 7 AND 6. TO THE NORTHEAST CORNER OF SAID LOT 6; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 6, 100 FEET; THENCE SOUTH TO THE POINT OF BEGINNING. (EXCEPT THE SOUTH 10 FEET. MEASURED ALONG THE EAST UNE). IN THE CITY OF ELGIN. KANE COUNTY. ILLINOIS. PARCEL TWO: THAT PART OF LOT 7 OF I. S. BARTLETT'S SUBDIVISION OF OUT LOTS 1 ANO 2 OF•JAMES T. GIFFORD'S ADDITION TO ELGIN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 6 OF SAID SUBDIVISION; THENCE SOUTH ALONG THE WEST UNE OF SAID LOT 6. 100 FEET. THENCE EAST PARALLEL WITH THE NORTH UNE OF SAID LOT 6, 75 FEET, THENCE SOUTHEASTERLY TO A POINT WHICH IS 125 FEET EAST OF THE WEST UNE OF SAID LOT 7 ANO 84 FEET NORTH OF THE CENTER LINE OF A 20 FOOT ALLEY AS ESTABLISHED BY ICHAB00 S. BARTLETT IN HIS PLAT RECORDED IN MAP BOOK 5, PACE 24. FOR THE POINT OF BEGINNING. THE LAST DESCRIBED COURSE HEREINAFTER REFERRED TO AS UNE 'A-; THENCE EAST. PARALLEL WITH THE NORTH LINE OF SAID LOT 7. 73 FEET TO THE EAST LINE OF SAID LOT; THENCE NORTH ALONG SMD EAST UNE 10 FEET; THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID LOT 7 TO SAID 'LINE A"; THENCE SOUTHEASTERLY ALONG SAID "UNE A" TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN. KANE COUNTY, 1WNOIS, • - . • 4//3' . DIVISION ST. ���a s i ps, . . 1,8 51ip / E . i I 7, 11, 1 I . __ _'.•.P PA TMENi OF COGS AU;,";NISTRAUON APPROVED PLAN * SIGNATURE 4,(1/.tAL N (V / ,DATE O(o( o2 1D / _ _ ___ 'N, .•. • No •• , 2 " . .. . -.. . ..0,e,&_, , _.i. i...4.4..e- • 4 \LOT ,,o��� �f; � A-e kri-I'<-ems. . CI ,,:' \ ... ' �. �. \oft I.if' -t/LL -•' •• Is\ 3.0._ ° 4,,, .._,e/z,_, .z,(3,,Z,e,v, ,e4-1-1 f . , , N \r 79 20 • zs • .Q 6. o` nY , \ , _ " J J . (' I Y79 IY�Af_�(—J \\ 2 �f.Q RE INSPECTED IN THE riELD AND THUS CERTIF!EE• O.c LOT (o 'THIS 08th DAY OF NOVEMBER 2000 7 Q i_mi OA .LOT '7 .0 --T - l-- PARCEL Z '�' p / , • IL IS PROFESSIONAL LAND SURVEYOR CORP cowc. wA�t.—1' - . •e c n' LIBERTY SURVEY COMPANY P0. of'PA4.4.�2 73.001 . PO/.4r 84 Fr New-f/4 of TNG c4.vr6R . 7. •c.I.I O. A 20 FT. ,4c�ALY As es7A$(.IJ EO LOT • 6Y /C,ti,a4o0 S: 8A4.7-LATT Au N/5'FXAT Reco.¢Oe0 ©1998 HOWARD A. MEADOWS. INC. - A i.V u O boo._ AGG 24 . • • 1C3